ERGUN

Introduction

In order to ensure that settlements and constructions within such areas are formed in compliance with planning, technical, health, and environmental standards, multiple regulatory acts have been enacted in Türkiye. From the construction phase of a new building to its renovation and even demolition, individuals are subject to various legal obligations.

These obligations are primarily regulated under the Zoning Law No. 3194, as well as numerous other laws, regulations, and unnamed administrative acts. Considering that Türkiye is located in an earthquake-prone region and in light of recent natural disasters, the critical importance of zoning legislation has once again become evident. However, zoning legislation is not always applied correctly by the relevant administrative authorities. In order to prevent individuals from becoming victims of incorrect administrative practices, the subject is explained below in a question-and-answer format in general terms.

1. What Is an Administrative Zoning Fine and a Demolition Decision?

An administrative zoning fine and a demolition decision are administrative sanctions imposed by the municipal executive committee or the executive committee of the special provincial administration due to unlicensed construction or construction contrary to the building permit.

Pursuant to Article 32 of the Zoning Law, a period of 30 days is granted to the addressee in order to eliminate the violation. If the violation is not remedied or the structure is not brought into compliance with the permit within this period, the relevant administration carries out the demolition process. The demolition costs are then recoursefully charged to the owner of the structure.

2. In Which Cases Are an Administrative Zoning Fine and a Demolition Decision Imposed?

An administrative zoning fine is imposed in cases where construction is carried out without a permit, renovations are made contrary to the permit, or corrective actions are not taken despite the issuance of a construction suspension report.

3. By Whom Are an Administrative Zoning Fine and a Demolition Decision Imposed?

Administrative zoning fines are imposed by the relevant municipal executive committee or the executive committee of the special provincial administration. Within municipal boundaries, the municipal executive committee is authorized, while outside municipal boundaries, the executive committee of the special provincial administration is competent. In provinces with metropolitan municipalities, this authority belongs to district municipalities.

4. Is It Possible to Object to an Administrative Zoning Fine and a Demolition Decision?

Yes. It is possible to file an objection against the zoning fine decision of the municipal or special provincial administration executive committee or to file an annulment lawsuit against the zoning fine decision.

5. Is It Possible to Construct a Building Without a Permit in Villages?

Article 27 of the Zoning Law allows the construction of houses without a permit in village settlement areas, surrounding areas, and hamlets located outside municipal and adjacent areas.

Additionally, building permits are not required for agricultural and livestock facilities that do not qualify as integrated facilities and do not require zoning plans, as well as structures such as grocery stores, greengrocers, barbershops, village bakeries, village coffeehouses, village restaurants, promotion and exhibition booths, and buildings operated by cooperatives established and operated by village residents to meet local needs. However, pursuant to Article 27 of the Zoning Law, before such structures are built, surveys and projects must be approved by the governorship and notified to the village headman, and the structures must comply with local architectural characteristics and technical, artistic, and health regulations.

6. Is It Possible to Construct a Building Without a Permit in Villages That Have Been Converted into Neighborhoods After the Metropolitan Municipality Law?

With Law No. 6360 on the Establishment of Metropolitan Municipalities in Fourteen Provinces and Twenty-Seven Districts and Amendments to Certain Laws and Decree Laws, the provinces of Aydın, Balıkesir, Denizli, Hatay, Malatya, Manisa, Kahramanmaraş, Mardin, Muğla, Ordu, Tekirdağ, Trabzon, Şanlıurfa, and Van have gained metropolitan status, and villages in these provinces have been converted into neighborhoods.

However, pursuant to Article 8/ğ of the Zoning Law, if the population of villages converted into neighborhoods is below 5,000, the Metropolitan Municipal Council decides whether these areas continue to qualify as rural settlements. Unless a contrary decision is adopted, such areas continue to benefit from the exemptions applicable to villages. To determine this status, an application may be submitted to the relevant municipality.

7. What Are the Works That Do Not Require a Permit?

This matter is explicitly regulated under the Zoning Law and the Planned Areas Zoning Regulation. Accordingly, minor repairs and renovations, retractable folding glass panel applications on balconies, construction of railings, pergolas, gazebos/camellias and similar structures, as well as partition walls, garden walls, wall claddings, chimneys, eaves, roof repairs, and window replacements are not subject to permit requirements.

Additionally, interior design project changes and changes in room lists that do not affect the structural system or fire safety are also not subject to permit requirements.

8. What Is the Time Limit for Filing a Lawsuit?

The time limit for filing a lawsuit against an administrative zoning fine is 60 days from the date of notification of the executive committee decision.

9. Where Can an Objection Against an Administrative Zoning Fine and a Demolition Decision Be Filed?

Objections against administrative zoning fines may be submitted to the relevant municipality or special provincial administration, or a lawsuit may be filed directly before the administrative court.

10. How Can It Be Determined Whether an Administrative Zoning Fine Has Been Imposed on the Correct Person?

An administrative zoning fine must be imposed on the person who constructed the unlicensed structure. If the owner of the immovable property and the person who constructed the structure are different, and if the property owner did not sign a contract with the contractor regarding construction contrary to zoning legislation and approved projects and was not aware of the violation, an administrative fine should not be imposed on the property owner.

11. Is a Person Who Purchases an Unlicensed Structure Required to Pay an Administrative Zoning Fine?

No. A person who purchases an unlicensed structure cannot be held liable for violations that occurred prior to the date of purchase. However, it should also be verified whether a demolition decision exists.

12. How Is the Amount of an Administrative Zoning Fine Calculated?

Pursuant to Article 42 of the Zoning Law, a base fine is determined first, followed by the application of aggravating factors and additional penalties.

13. What Happens If No Objection Is Filed Against an Administrative Zoning Fine?

If no objection is filed, the administrative zoning fine becomes final and the collection process begins.

14. What Happens If an Administrative Zoning Fine Is Not Paid?

If the administrative zoning fine is not paid, seizure procedures may be applied pursuant to the Law on the Procedure for the Collection of Public Receivables.

15. Does Filing a Lawsuit Against an Administrative Zoning Fine and a Demolition Decision Suspend the Process?

No. Filing a lawsuit does not suspend the collection process of the administrative zoning fine. Therefore, it is important to file a lawsuit with a request for suspension of execution. Additionally, if the administrative zoning fine is annulled as a result of the lawsuit, any amounts paid may be refunded.

16. Can an Administrative Zoning Fine Be Imposed on Persons Who Purchase Independent Sections?

If the violations occurred during the period of the previous owner, an administrative zoning fine cannot be imposed on persons who subsequently purchased independent sections.

17. Before Which Court Should a Lawsuit Against an Administrative Zoning Fine Be Filed?

Lawsuits regarding administrative zoning fines must be filed before the administrative court with jurisdiction over the location of the structure.